Service of Claim

RULE 8 SERVICE

Service of Particular Documents Plaintiff’s or Defendant’s Claim

8.01 (1) A plaintiff’s claim or defendant’s claim (Form 7A or 10A) shall be served personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03. O. Reg. 258/98, r. 8.01 (1).

Service of Claim by Mail to Last Known Address (8. 03 (7), (8) & (9)

(7) Service of a plaintiff’s claim or defendant’s claim may be made by sending a copy of it by mail or by courier, in an envelope showing the sender’s return address, to the last known address of the person to be served. O. Reg. 258/98, r. 8.03 (7); O. Reg. 78/06, s. 11 (4).

(8) Service under subrule (7) is deemed to have been effected on the 20th day after the date the document is mailed or verified by courier that it was delivered if an affidavit of service (Form 8A),

(a) indicates that the deponent believes the address to which the claim is sent to be the last known address of the person to be served, and states the reasons for the belief;

(b) indicates that the claim has not been returned to the deponent; and

(c) indicates that the deponent has no reason to believe that the person to be served did not receive the claim. O. Reg. 258/98, r. 8.03 (8); O. Reg. 78/06, s. 11 (5).

(9) The affidavit of service shall not be completed before the day referred to in subrule (8). O. Reg. 258/98, r. 8.03 (9).

Service by Mail

8.07 (1) If a document is to be served by mail under these rules, it shall be sent, by regular lettermail or registered mail, to the last address of the person or of the person’s lawyer or agent that is,

(a) on file with the court, if the document is to be served by the clerk;

(b) known to the sender, if the document is to be served by any other person. O. Reg. 258/98, r. 8.07 (1); O. Reg. 78/06, s. 14.